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Stock Exchanges Hit With High-Frequency Trades Class Action

The city of Providence, R.I., hit the Nasdaq Stock Market LLC and several other registered public stock exchanges, banks and brokerage firms with a proposed securities class action in New York federal court on Friday, accusing the defendants of manipulating the U.S. securities markets.

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  • Cross-Border Complexities: Keep The C-Suite Out Of Prison

    Shari L. Pire

    The potential for significant gains makes high-growth markets, such as Russia, Brazil and India, particularly enticing. But at what cost? Business practices that are both acceptable and customary in other countries may violate U.S. and other anti-bribery and corruption laws. However, there are ways to insulate the corporation from liability, says Shari Pire of Willkie Farr & Gallagher LLP.

  • Should Bloggers Be Treated As Publishers Under Libel Law?

    Robert L. Rogers III

    The Florida appellate case of Comins v. VanVoorhis offers the latest in a small but growing number of debates over whether and, if so, what kinds of bloggers or publishers of Internet content should be afforded the same protection as print and broadcast journalists. Indeed, one of the more controversial points of contention for the Free Flow of Information Act bill still awaiting passage by Congress is a provision that narrowly defines "covered journalist" to exclude bloggers, says Robert Rogers of Holland & Knight LLP.

  • Nash Bargaining May Not Be Right For Patent Damages

    Thomas Varner

    A recent Law360 Expert Analysis article described use of the Nash bargaining solution as “a step in the right direction” in “establishing economic and scientific rigor” as required by courts in patent damages analysis. But using the NBS raises a number of concerns, such as reliance on the NBS’ idealized framework, the need for subjective adjustments to the NBS profit split based on the Georgia-Pacific factors, and the lack of empirical royalty rate data to verify the reliability of the NBS, says Thomas Varner of Economists Incorporated.

  • The Evolving New Normal For Data Breach Responses

    Mark Salah Morgan

    The Target Corp. and Blue Cross Blue Shield of New Jersey data breaches differed in manner, size and scope, but both reveal the vulnerabilities all companies are facing. A nuanced, more responsive, and more uniform legal and regulatory framework is required. That environment is being shaped by private actions, legislative and administrative responses, and various corporate initiatives, say Mark Salah Morgan and Andres Acebo of Day Pitney LLP.

  • EEOC Investigations Bear Growing Court Scrutiny

    Basil C. Sitaras

    Following a pattern of decisions over the past year, the U.S. Equal Employment Opportunity Commission recently suffered another significant defeat due to its investigation process. Given the implications of the EEOC's defeat against Sterling Jewelers Inc., we anticipate the commission will appeal on matters concerning its conciliation efforts with employers, and, because of a clear circuit split, the U.S. Supreme Court may be the final arbiter on this issue, says Basil Sitaras of Day Pitney LLP.

  • Make Your Termination Decision Count (Don’t Sleep On It)

    Christopher G. Ward

    Automotive companies may commonly make concrete termination decisions but delay effectuating them for a number of practical reasons. Courts will likely continue to understand that these reasons do not equate to a discriminatory or retaliatory motive, as even the Seventh Circuit recently observed. The linchpin factor though is establishing the clear intention to terminate, says Christopher Ward of Foley & Lardner LLP.

  • Construction Defect Coverage Recap For 1st Quarter

    John A. Husmann

    The year 2014 has already yielded several noteworthy decisions from courts examining insurance coverage for construction defect claims. Collectively, these cases have dealt with the “occurrence” requirement, contractual liability exclusion and “other insurance” clauses, all of which are sure to affect stakeholders in the construction industry, say John Husmann and Jocelyn Cornbleet of BatesCarey LLP.

  • Potential Pitfalls To Avoid In Drilling Provisions

    David B. Hatch

    Oftentimes with oil and gas leases, a continuous drilling provision, which allows for a temporary cessation of production without automatically resulting in the termination of a lease beyond its primary term, goes overlooked. Based on case law, only one thing appears to be consistent — whether a cessation of production is temporary is a question of fact that depends on the individual circumstances, says David Hatch of Holland & Hart LLP.

  • Where Auto And EU Tech Transfer Agreements Collide

    Nathalie Jalabert-Doury

    The European Commission recently published the definitive text of the new rules — effective May 1, 2014 — on the interface between technology transfer agreements and antitrust law. While the main principles underlying the regulation remain the same, certain changes are of particular relevance for the automotive industry, say attorneys with Mayer Brown LLP.

  • POM Finds Class Decertification Ruling Wonderful

    Richard L. Goldfarb

    A California federal court recently decertified the proposed class in an action against POM Wonderful LLC over health claims about its juice. Plaintiffs failed to certify their class against POM for the same reason certification failed in another recent case against Ben & Jerry's Homemade Inc. — ascertainability. Whether this is another nail in California's class action coffin remains to be seen, but plaintiffs should expect stricter scrutiny from courts regarding class claims, says Richard Goldfarb of Stoel Rives LLP.